GENERAL TERMS & CONDITIONS

Having received a brief of requirements from The Client, either verbal or written, a quotation will be produced detailing the work to be carried out.

The Client by accepting the quotation is accepting these terms and this will effectively form the basis of the contract.

This agreement constitutes the entire agreement between Dorset Marketing and The Client.

In making this agreement each party confirms that they have not relied on any inducement not recorded in this agreement.

Copyright and Content

The Client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials reproduced in The Client’s project. The Client shall indemnify Dorset Marketing against any costs whatsoever in connection with the ownership of copyright or reproduction rights.

The Client shall have full liability for the consequences of the contents of the printed literature, website or other project commissioned.

The Client’s supplied logos, artwork, graphics and photographs remain the copyright of The Client.

Design, graphics and programming produced remain the intellectual property of Dorset Marketing until full and final payment has been received, at which time the ownership is then transferred to The Client.

All preliminary work carried out at The Client’s request, whether experimentally or otherwise, shall be charged to The Client.

Dorset Marketing withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.

Proofs of all printed work may be submitted for The Client’s approval and Dorset Marketing shall not be liable for errors not corrected by The Client in such proofs. The Client’s alterations and additional proofs necessitated thereby shall be charged as additional charges.

When style, type or layout is left to the judgement of Dorset Marketing, changes therefrom made by The Client shall be charged as additional charges.

No responsibility will be accepted for any errors, including colour variations, in proofs approved by The Client.

Web Site Design

Dorset Marketing will produce and publish temporarily on the Dorset Marketing web server a design proof for The Client’s approval. The design copyright of the proof shall remain the sole property of Dorset Marketing. Use of the design in any respect without the express written permission of Dorset Marketing will constitute breach of copyright.

Dorset Marketing will complete the design and build of The Client’s web site after receiving confirmation that the design proof is satisfactory.

Dorset Marketing will release website code & graphics when payment of the final invoice for the outstanding quotation value is received in full.

Once Dorset Marketing has received written confirmation that the design proof is satisfactory, modifications to the design specification will be considered an amendment to the contract.

All modifications must be confirmed in writing.

Our consultancy service and general advice is, by it’s nature, subjective. It is up to The Client whether they decide to follow our ideas and suggestions. We cannot guarantee that any of those ideas and suggestions will increase traffic to The Client’s web site, improve ratings with search engines or boost sales.

Domain Name Registration and Website Hosting

Dorset Marketing will register domain names in The Client’s name. In doing this, Dorset Marketing are acting as The Client’s agent with the appropriate Naming Authority. The contract of registration is between The Client and them and The Client is bound by their terms and conditions (available on request).

Registration is for one year unless otherwise agreed. Although we will do our best to renew the registration for you, it is ultimately your responsibility to make sure this happens, so please keep a note of the date.

Dorset Marketing will advise The Client on the most appropriate and cost effective web site hosting package supplied by a third party. The website hosting contract is between The Client and the hosting company and The Client is bound by their terms and conditions (available on request). Dorset Marketing may take payment from the client for web hosting services, however it is understood that Dorset Marketing accepts no responsibility or liability for the performance of the website hosting company.

The Client takes all risks in connection with the solvency and performance of such third parties and The Client accepts that the third party has sole liability to provide such services.

Insurance

The Client shall be responsible for effecting all necessary insurance in respect of any loss, damage, or expense that it may suffer directly or indirectly in relation to the provision or non-provision of Dorset Marketing goods and services.

Force Majeure

Dorset Marketing shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and Dorset Marketing shall not be liable for any loss, damage or expense suffered by The Client or any third party arising directly or indirectly from such matters.

Invoicing, Payment and Tender Validity

Payment for design services must (unless otherwise agreed with Dorset Marketing) be made as follows: 50% (or an agreed deposit) with order, plus balance on completion.

Design modifications will be charged at the prevailing hourly rate dependant on type of service required.

Payment shall be made in UK Pounds Sterling to Dorset Marketing. Payments are due within 7 days of presentation of invoice, or by return in certain instances (in these case the payment terms will be listed on the invoice). If due to bank charges, transfer fees, or the like, Dorset Marketing should receive less than its invoice amount, Dorset Marketing will re-invoice The Client for the shortfall.

In the event that any amount remains unpaid 14 days after invoice date, Dorset Marketing reserves the right to discontinue, withhold, or suspend services to The Client to whom such unpaid amounts relate.

Payment Collection

If it is required that Dorset Marketing visit the customer to solely collect payment, an administration fee of £25.00 is charged plus £2 per mile to and from the customer. For example if the customer is 10 miles away, an additional charge of £40 will be charged, plus the £25.00 administration fee, making the collection fee for this example £65.00.

This is still charged on top of any late payment fees in accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside of payment terms at the rate of 2% above Lloyds Bank plc base rate per day.

All charges incurred by Dorset Marketing due to late payment or cheques that require representing or fees required to recover debts will be passed onto The Client.

Tenders and Quotes are valid for 30 days from the date of the Tender or Quote (unless specifically stated otherwise on the quotation). All prices quoted may be subject to change without notice after this period.

Once Dorset Marketing has undertaken a commission for services, a cancellation fee of up to 75% will apply if the contract is terminated through no fault of Dorset Marketing.

An interim invoice will also be levied for upto 75% of the total quotation value if the commissioned project’s content is not received within 60 days of commission.

Disclaimer

Dorset Marketing cannot be held liable for any information or images contained within The Client’s web site or printed literature. The content of such remains the copyright and intellectual property and responsibility of The Client.

The Client is liable for any reasonable legal costs incurred by Dorset Marketing caused by the content of The Client’s web site or other project and agrees to indemnify Dorset Marketing for any awards made by a court of law.

Search engine entry and ranking can in no way be guaranteed as this remains the sole discretion of a third party provider.

No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.

Where in the instance that a time scale / schedule has been given, Dorset Marketing will not be responsible for any money lost to the Client if the deadline is not met.

On completion of any web site it is the sole responsibility of The Client to manage the site. Dorset Marketing will no longer be responsible for the site upon completion unless an alternative agreement has been reached.

Should Dorset Marketing waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Dorset Marketing to waive the same clause on any other occasion.

This contract shall be subject to English Law. Where it is held that Dorset Marketing is not entitled to rely on any term in this contract, then Dorset Marketing may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at their sole discretion.

Apology

These terms have been drawn up principally to protect from bad debts and the compensation culture; we are generally agreeable, understanding and flexible and will be unlikely to strictly enforce these terms and conditions on clients that are also honest, agreeable, understanding and flexible. This apology in no way constitutes a waiver of any of the terms listed above!

Amendments

These Terms may be amended at any future date; please check back prior to comissioning a project.

Terms of Use of the www.dorsetmarketing.co.uk website

Introduction

This website is wholly owned and operated by Dorset Marketing (‘us’, ‘we’, ‘our’).

If you use this website, you agree to be legally bound by the following terms and conditions (‘Terms’).

If you do not agree to be bound by these Terms, you must not use this website.

Linking to Media

We welcome links to any HTML files on this server, however linking to media files (eg: jpeg, jpg, gif, pdf, Flash or video of any sort) from other sites is not permitted without our prior written approval.

Unless you obtain our prior written approval, the information on this website is made available to you on the condition that you access it through the HTML files on our server; deep linking or otherwise accessing this website without going through our server shall be a breach of these Terms.

Content and Operation

We have taken every reasonable precaution and care in compiling this website, but it is possible that errors may occur. We do not give any warranty or make any representation of any kind with respect to the contents or operation of this website. Also, no warranty is given or representation made that this website will be compatible with all operating systems, browsers or computer hardware or software.

We reserve the right to make changes to these Terms and to the other contents of this website at any time without notice.

Limitation of Liability

We do not make any promise that your use of this website will be uninterrupted, reliable or error free or that its contents will be accurate or complete. All liability arising out of or in connection with your use of this website and/or reliance on its content is excluded.

We do not accept any liability for losses or damages, whether direct or indirect that you may suffer as a result of your use of this website (including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from “hacking” or otherwise).

However, notwithstanding the above, nothing in these Terms shall exclude liability for death or personal injury resulting from our negligence or that of our employees, agents or authorised representatives or for fraudulent misrepresentation made by us, our employees, agents or authorised representatives or for any other liability the exclusion of which would not be permitted under English Law.

Each of the exclusions or limitations in these Terms shall be construed as a separate severable provision of these Terms.

If any provision of these Terms is found to be invalid or unenforceable but would be valid and enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid.

Law and Jurisdiction

These Terms are to be interpreted in accordance with English law and any and all disputes arising out of your use of or in relation to this website shall be subject to the exclusive jurisdiction of the English Courts.

Viruses

We use reasonable endeavours to prevent contamination by known viruses and to maintain the security of this website but no warranty is given that this website or its contents or hypertext links are virus free or uncontaminated.

Nor can we guarantee that this website will not be affected (or indeed fail or stop altogether) as a consequence of deliberate damage by hackers, failure of computers or other equipment, power failure, failure of telecommunications lines or criminal action.

You should make your own virus checks and implement your own precautions in this respect. All liability for any such damage is hereby expressly excluded to the extent permitted by law.

Protection of Our Property

All designs, text, graphics, program codes and the selection or arrangement of them are the copyright of us or our licensors and all trade marks, brand names and company names or logos contained on this website are owned by us or our licensors (“Intellectual Property”).

Subject to paragraph 8 below, you may not amend, republish, resend, redistribute or otherwise use or make any of the contents of this website (including the Intellectual Property) available to any other person whether by way of any website, on-line service, bulletin board, hard copy or any other form, without our express prior written consent.

Permitted Reproduction

You may download onto your computer, store and use information contained in pages from this web site for your own personal use and research or that of your organisation, provided that the integrity of the material is maintained, we are acknowledged as its source and our website URL is given. Also, if you provide it to other people in your organisation, you should make sure that those people are aware that these Terms apply to them and their use of the material.

Linking With Other Websites

You are not permitted, except with our prior written consent, to deep link to or to frame any of the content that appears on the website.

This website may include links to other websites that may be of interest to you. We do not endorse or approve and have no responsibility for the content of any website to which this website links. Also, no warranty is given that the links are accurate.

Privacy Policy

These Terms should be read in conjunction with our Privacy Policy. You agree that we may collect, store and use information about you in accordance with our Privacy Policy and acknowledge and agree to be legally bound by the terms of our Privacy Policy.

Further Information

If you have any queries or complaints, or would like to link to this website or request further information,

please contact

Tel. 07359 303958

Emails

The contents of any email sent from Dorset Marketing and any attachments may be privileged, confidential and protected by copyright. If they are received in error let us know and do not use it nor retain it nor copy it. While all efforts are made to safeguard emails, Dorset Marketing cannot guarantee that any attachments are virus free or compatible with the recipients systems and does not accept liability in respect of viruses or computer problems experienced.

Dorset Marketing reserves the right to monitor all email communications through it’s internal and external networks.

Cookies Policy

Last updated: 8th June 2020

Dorset Marketing (‘us’, ‘we’ or ‘our’) uses cookies on www.dorsetmarketing.co.uk (the ‘Service’). By using the Service, you consent to the use of cookies.

Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.

What are cookies?

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or third-party to recognise you and make your next visit easier and the Service are useful to you.

Cookies can be ‘persistent’ or ‘session’ cookies.

How Dorset Marketing uses cookies

When you use and access the Service, we may place a number of cookie files in your web browser.

We use cookies for the following purposes: to enable certain functions of the Service, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioural advertising.

We use both session and persistent cookies on the Service and we use different types of cookies to run the Service.

Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

Third-party cookies

In addition to our own cookies, we may also use various third-party cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.

Privacy Policy

Dorset Marketing respects the privacy of every individual that visits this site. Our policy on the collection and use of personal information is outlined below. Dorset Marketing only collects and uses personal information for business purposes in order to administrate or otherwise carry out our obligations in relation to any service or product that Dorset Marketing supply, anticipate and resolve problems in relation to any service or product that Dorset Marketing supply, create and inform you of products or services that may better meet your needs.

Non-Personal Information

Dorset Marketing may automatically collect non-personal information about you such as the type of Internet browser you use or the web site from which you linked to this site. You cannot be identified from this information and it is only used to assist us in providing an effective service on this web site.

Dorset Marketing may from time to time supply the owners or operators of third party web sites from which it is possible to link to our site with information relating to the number of users linking to our web site from such third party web site. You cannot be identified from this information.

Keeping our Records Accurate

Dorset Marketing aims to keep any information held about you as accurate as possible. If you would like to review or change the details you have supplied us with, please contact us.

Information Placed on Your Computer

Dorset Marketing may store some information (similar to a ‘cookie’) on your computer when you use our site. This information facilitates the efficient use of our web site (please see Cookies Policy for further information).

GDPR Policy

General Data Protection Regulation (GDPR) Terms & Conditions

The new GDPR rules will apply from 25thMay 2018 to replace the Data Protection Act 1998. We have updated our terms and conditions accordingly.

What does this mean for you, our customer?

Your data cannot be used or shared without your explicit consent.

It should be easy for you to have your data removed from any Websites or lists; this process should be transparent and swift
You must be given the option to unsubscribe from any lists you may have previously signed up to.This is known as The Right to be Forgotten.

What does this oblige us to do:

We will never store your data for the purpose of marketing. We will not send you newsletters by email. All our newsletters will be made available on our Facebook page and you can choose whether or not to read them. We will NEVER share your data with any third parties.

Any data we have from you (address/ email address/ telephone number) will have been gathered as part of the order process when you purchased an item from us.

The order details are stored for an accounting purpose for a period of seven years.

You have the right to ask for this information to be removed from our Website. You can contact us by email hello@dorsetmarketing.co.uk or telephone 07359 303958 and ask to have this information removed.

Your order details will be permanently removed from our back office system within 48 hours of your request.

We will not sign you on to an email list or social media platform as a result of your custom. If you have ‘liked’ our social media platforms but no longer wish to keep in contact you are free to unsubscribe using your own social media account.

Our commitment to your security

All Dorset Marketing staff have unique logins to the Project Management System.

Any staff who leave Dorset Marketing will have their access rights terminated immediately. All passwords for all staff are then changed.

Passwords to all order systems are changed at least once every six months as standard.

We never share your order information with third parties.

We never store payment information.

We will never cold call you

We will never ask for bank details over the telephone

We will never ask for passwords over the telephone

Any telephone transactions will be initiated by you, the customer

Data Breach Policy

If our Website is breached we are responsible for identifying the breach and reporting it within 72 hours.

We have to assess the breach and its source. We must alter all logins immediately and rectify the breach swiftly.

If you are interested in finding out more about GDPR and your rights regarding personal information, navigate to ico.org.uk/for-the-public